The defendant is charged [in count __]
with (delivering / possessing with intent to deliver / manufacturing with intent
to deliver) drug paraphernalia. The statute defining this offense reads in
pertinent part as follows:

no person shall (deliver / possess
with intent to deliver / manufacture with intent to deliver) drug paraphernalia
knowing, or under circumstances where one reasonably should know, that it will
be used to <insert one or more of the following:>

(inject / ingest /
inhale / introduce) into the human body any controlled substance, other than less than one-half ounce of a cannabis-type substance.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 -
Delivered/Possessed/Manufactured objectsThe first element is that the
defendant (delivered / possessed with the intent to deliver / manufactured with
the intent to deliver) the object[s] alleged to be drug paraphernalia.

"Deliver"
means the actual, constructive or attempted transfer from one person to another
of drug paraphernalia, whether or not there is an agency relationship.

[<If possession is alleged:> "Possession"1
means either actual possession or constructive possession. Actual possession
means actual physical possession, such as having the object on one's person.
Constructive possession means having the object in a place under one's dominion
and control.

Possession also requires that the
defendant knew that (he/she) was in possession of the drug paraphernalia. That
is, that (he/she) was aware that (he/she) was in possession of it and was aware
of its nature. The state must prove beyond a reasonable doubt that the
defendant knew that (he/she) was in possession of the drug paraphernalia. <See
Knowledge, Instruction 2.3-3.>

<If some form of constructive
possession is alleged, see
Possession, Instruction 2.11-1.>]

[<If manufacturing is alleged:>
"Manufacturing" has its ordinary meaning.]

[<If intent to deliver is alleged:>
Conviction for (possession / manufacturing) of drug paraphernalia with the
intent to deliver requires proof of the specific intent to deliver the drug
paraphernalia. A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

You should consider all of the
surrounding circumstances in determining whether the defendant had the intent to
deliver.]

<Insert appropriate portions of the
definition of
Drug Paraphernalia from the glossary that apply to the allegations.>

Element 3 - Knowledge of
subsequent useThe third element is that the
defendant (delivered / possessed with intent to deliver / manufactured with
intent to deliver) the object(s) knowing, or under circumstances where one
reasonably should know, that (it/they) would be used to <insert allegations
regarding use> a controlled substance. The state alleges that the drug
paraphernalia was for <insert specific allegations regarding use>.

A person acts "knowingly"
with respect to conduct or to a circumstance described by a statute defining an
offense when he is aware that his conduct is of such nature or that such
circumstance exists. <See
Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) (delivered / possessed with the
intent to deliver / manufactured with the intent to deliver) object(s) alleged
to be drug paraphernalia, 2) the objects were, in fact, drug paraphernalia, and
3) (he/she) knew or had reason to know that such paraphernalia would be used to
<insert specific allegations>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
(delivery / possession with the intent to deliver / manufacture with the intent
to deliver) drug paraphernalia, then you shall find the defendant guilty. On
the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.
_______________________________________________________

1
Ascertain from counsel what form of possession is alleged. The definition
should be narrowly tailored to the allegations.

Commentary

Effective July 1, 2011, the possession of less than one-half ounce of a cannabis-type substance is an infraction.

Sentence EnhancerSection 21a-267 (c) provides an enhanced penalty if the violation occurs in, on or within 1500 feet of a school and the defendant is not a student at the school. The jury must find this fact proved beyond a reasonable doubt. See Sentence Enhancers, Instruction 2.11-4.